On October 4, 2019, President Trump issued the following Presidential Proclamation called the Presidential Proclamation on the Suspension of Entry of Immigration Who Will Financially Burden the United States Healthcare System. The basic requirement of the Proclamation is that those seeking an immigrant visa to enter the United States must have health insurance within 30 days of entry to the United States. This Proclamation looks daunting, so we will break it down by applicability and then impact on your relative’s immigration to the United States.

When does this Proclamation go into effect?

The new healthcare requirement is scheduled to go into effect on November 3, 2019, but it may be delayed by potential lawsuits challenging its implementation. Our firm, Unzueta Law Group, P.C., monitors changes in immigration law and procedure closely and we will publish updates regarding the implementation dates for this Proclamation.

Who is subject to the Proclamation?

Persons applying for immigrant visas (green cards) from outside the United States are impacted. That is to say that when a person attends an immigrant visa interview at a U.S. Embassy or Consulate abroad, the immigrant visa may be denied if that person lacks health insurance in the U.S. or appears to be unable to obtain healthcare benefits which are even partly subsidized by U.S. taxpayers. This includes not only Medicaid, but even coverage which is, in part, subsidized under the Affordable Care Act (a/k/a Obamacare).

United States Immigration and Customs Enforcement (ICE) is the governmental agency tasked with governing customs, border control, and immigration. The two primary components of ICE are Enforcement and Removal Operations and Homeland Security Investigations. In July 2019, President Trump announced that ICE will conduct “sweeps” or “raids” to find and arrest undocumented immigrant families. These raids could occur in public spaces, workplaces, and immigrant communities. Read on to learn about what happens during and ICE raid and what to do if you need legal assistance from a deportation and immigration lawyer.

ICE Raid of an Undocumented Immigrant’s Home

It is critically important for undocumented immigrants to know and understand their rights. ICE cannot enter into an individual’s private residence without a warrant. If ICE agents have a valid search warrant or arrest warrant, they have the authority to enter your home. ICE agents may also wait outside of your home until you leave and arrest you outside of your home.

If you are arrested, you must be read your rights and given the option to remain silent. You also have the right to have an attorney present during any police or ICE questioning. It is imperative that you contact an attorney before answering any questions. A qualified immigration lawyer will ensure that your rights are not violated and that you are not tricked into incriminating yourself in any way.